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Dispute Analysis and Reasonable Suggestion of THC

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2020, (29), pp.53-68
  • DOI : 10.31839/ibt.2020.04.29.53
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : March 9, 2020
  • Accepted : April 21, 2020
  • Published : April 30, 2020

SONG QI-MING 1,  ZHU HUIQIN 2

1青岛大学法学院
2전주대학교

Accredited

ABSTRACT

THC refers to the surcharge charged by the carrier from the shipper. In order to make up for the additional expenses incurred by the carrier from the container terminal to the ship's side, it has always been a very controversial issue. The problem of the collection of wharf operating fees in China also dates back to the 1980s. For China, the reduction of wharf operating fees can reduce the burden of Chinese import and export enterprises by about 4.6 billion every year. But at the same time, with the development of Chinese liner companies, wharf operating fees have greatly increased the income of Chinese liner companies, and increasing or reducing wharf operating fees will damage the entry and exit of China. The overall income of the mouth, the wharf operation fee is like a double-edged sword, so that the "establishment" and "reform" of the laws and regulations are in a dilemma. This paper discusses and analyzes the generation, background and rationality of wharf operating fee, and concludes that the collection of wharf operating fee is essentially a dispute between the interests of both ship and cargo, and should abide by the basic law of the market. at the same time, it is found that the charging standard of wharf operating fee in China is lack of standardization and transparency. Wharf operating fee is the product of the times and the result of the game between the two freighters. It has the rationality of the times and should continue to play the role of the market. Finally, on this basis, this paper puts forward some reasonable suggestions for collecting wharf operating fees. Speed up the improvement of shipping laws and regulations, at the same time draw lessons from domestic and foreign experience, deal with the relationship between the government and the market, for the collection and legal norms of wharf operating fees, continue to take the market as the leading factor, find problems and solve problems, the government should do its auxiliary normative role, so that the normative role of laws and regulations is more reasonable and fair.

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